The management of a bank is a very complex thing. This complexity coupled with the prevailing problem of corruption has resulted today in the collapse of many banks, we think of the Credit Agricole, BIAO,BICIC etc. The issue of bank liquidation has now become topic and needs some elaboration. It is essential to note that from the onset that a bank in Cameroon may be a partnership or company and can in theory be dissolved in any of the ways that companies and partnerships dissolve. The law regulating banking operations in Cameroon is however more extensive than the law under which it companies are formed and managed. Banks are regulated by a combination of legal regulations and principles derived from regional treaties particularly that of the commission bancaire des etats de l'Afrique central (COBAC). Indeed , it is a commission formed under the COBAC organization that approves the liquidation of a bank. Liquidation is the winding up of the affaires of a bank for the reason of paying off its creditors in order of their preference and distributing what is left to the shareholders. Article 1 of Ordinance No 3 of 17/4/90 states that the rules of liquidation of banks are different from those of the ordinary laws. The principal distinguishing element between the rules for liquidation of a bank and that of ordinary companies is the fact that the liquidation of a bank cannot be ordered by a court, this is because Article 1 of law No 3 of 27/4/90 specifically prescribes that liquidations must be voluntary In practice a bank goes into liquidation when its members by a resolution agree that the bank be wound up. The resolution winding up the bank also appoints a liquidator for the bank. Our banking law in Cameroonian terminology uses liquidation synonymously with the winding up and have varied a far reaching consequences. The most important of these is the insulation of the bank under liquidation from all legal actions by creditors and third parties. By Article 3 of ordinance No 90/005 of19/9/90 all suits and actions pending against a bank in liquidation cease to exist against the bank on the appointment of a liquidator and lie instead against the liquidator. It may be recalled that the banks are destroyed by corrupt officials who give out unsecured loans to friends , family members and political associates. The relevant laws on liquidation appear to be directed at forestalling actions by creditors to recover from the banks in liquidation. Thus ,Article 59 of Law No 08/335 of 12/05/80 puts a limitation of 4 months from date of liquidation from bringing claims to recover capital investments in a bank. Similarly, Article 3 of the Law of 19//09/90 provides for the delay of law suits against banks in liquidation in very wide forms. This law does not say when such actions may be recommenced; hence it is considered unjust. |
